[WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

Tue Aug 10 10:55:41 PDT 2021

Thirty years makes it seem pretty much like CIR.  The length of relationship is important in finding a CIR.

Roger Hawkes, WSBA # 5173

Sultan Office:      423 Main (physical office)
                                 Box 351, Sultan, WA 98294 (incoming mail)
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, August 10, 2021 10:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

I am litigating a matter now in which the individuals lived together for some 30+ years the deceased woman during that time Always had a decent job and title to our real estate was taken into her name and her credit was solely used to obtain any funds used to purchase or improve the real estate. The man never had any type of full-time employment but only odd jobs from time to time, never filed any tax returns never had a checking account and that the only money he earned was used to pay household expenses. It was a checking account but it was all in the name of the deceased woman in which she deposited her check unemployment and he never deposited any funds in that account. She did not have a will but did have two children and the man is now claiming at least a 50% interest in the propertyAfter we instituted an action to have him evictedFrom the resident that is in her name that they both were residing in at the time of her death. The trial court on a motion for summary judgment indicated that it would look at this similar to an accounting in a tenancy in common dispute As opposed to looking at it in a divorce setting some courts have indicated they would do because of a committed intimate relationship between the parties.
Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

On Aug 9, 2021, at 3:55 PM, Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:

CIR partner is definitely not an heir under intestacy. However, the division of CIR community-like property is not automatically 50-50: instead, the probate court must make a “fair and equitable” division of community-like property between the decedent and the surviving non-marital partner. However that split ends up, 50-50 or otherwise, you are correct that the decedent’s share goes by intestacy and the surviving non-marital partner retains their share free of the estate.

The cases are not clear on what division actually looks like. They imply that the division would be made applying the same factors as in divorce, but that really does not work. One of the main concerns in a divorce outcome is the resulting financial situation for each ex-spouse going forward, and obviously that does not apply for someone who is deceased. I have entertained the idea that, in a proper case, the "just and equitable" division of assets between the survivor and the decedent could be 100% to the survivor and 0% to the estate. That is not strictly speaking an "inheritance" but it would achieve an outcome similar to inheritance of community property. If it works.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Natalie Kuehler
Sent: Monday, August 9, 2021 3:21 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Is a CIR Partner an Heir for Intestacy Purposes?

Hello all,

If one partner in a committed intimate relationship dies without leaving a will, does the surviving partner stand in the shoes of a spouse for purposes of intestacy law and inherit all of the decadent’s estate? Or does the surviving partner only retain his or her one-half interest in property that is CIR/community-like property, but the deceased’s one-half interest in the property (i.e. the deceased’s estate) passes to surviving children, parents etc under intestacy laws?

I believe the answer is the later but am getting pushback.

Thank you!

Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 – 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 – c (509) 557-5769
www.kuehlergrim.com<http://www.kuehlergrim.com>

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